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(영문) 창원지방법원 2020.12.03 2020고합232

일반건조물방화

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who leases a house owned by the victim C in Kimhae-si, and resides in the above house.

The Defendant, while drinking mixed alcohol, had been suffering from ordinary pains and living conditions while drinking so that he thought that he did not drink the above house in a timely manner.

On August 3, 2020, the Defendant: (a) around 12:40 on August 3, 2020, the Defendant destroyed the above housing amounting to KRW 10,000,000 at the market price by setting out the fire by using a disposable gas gas gas bags, and by setting up the fire in a manner of gathering a set of bit lease and a set of a bitet with a fire to the inside part of an inside part of the said house, which is sub-fluent with a bit, and making it spread to the entire part of said housing.

Accordingly, the defendant destroyed the building owned by the victim by setting fire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site inspection reports and investigation reports (attached to fire-fighting reports, etc. on the fire site in Gimhaedong and Eastern fire-fighting);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 166 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendations according to the sentencing criteria [decision of types] the general criteria [Type 2] there is no person who has a fire prevention (special person], such as general buildings, etc. (the scope of recommendations and recommendations]. The basic area of recommendations and recommendations, imprisonment with labor for a year and six months to three years.

3. Determination of sentence: The defendant, who was sentenced to one year and six months of imprisonment, and two years of suspended execution, destroyed a structure owned by the victim by setting fire, but did not harm the recovery of damage until now, shall not be subject to the minor liability;

However, there is no record of criminal punishment prior to the crime of this case, and the victim's desire to take the defendant's action against the defendant is a favorable condition for the defendant.

The age, character and conduct, environment, and environment of the defendant.